Zoning changes

We converted the old scheme into the new Scheme using like for like zones where we could.  So, land in a General Residential Zone in the old scheme is in General Residential under the new scheme, Light Industrial is Light Industrial etc.   However, there are some changes:

• All land that was in an Environmental Living Zone (ELZ) is now in a Landscape Conservation Zone as the ELZ is not available under the SPPs.
• Private land that was in an Environmental Management Zone (EMZ) is now in the Landscape Conservation Zone as the SPP EMZ does not allow for private dwellings.

Many of the SPP zones allow for a wider range of uses to be considered.   There are also some changes in the applicable standards for the assessment of the proposal (ie different acceptable hours of operation, different setbacks, reduced distances for consideration of noise on residential zones etc).

Code Changes

Codes that applied under the old scheme generally apply under the LPS, however there are some changes:

• A Statement of Local Historic Heritage Significance and Historic Heritage Values has been provided for all heritage places
• Places on the Tasmanian Heritage Register were removed from the local heritage places list of the LPS, as they were exempt from the Code under the TPS
• There are new mapped overlays for Flood-Prone Hazard Areas, heritage sites, Future Coastal Refugia and Priority Vegetation.

Local Area Objectives, Specific Area Plans & Site-Specific Qualifications

These Local Area Objectives, Specific Area Plans and Site-Specific Qualifications provisions that were in the Glamorgan Spring Bay Planning Scheme 2015 are included in the new scheme, but they have a different format

Currently advertised Planning Applications can be viewed on Council’s public notices page.

All applications can be inspected at the Triabunna Council Offices during normal opening hours.

What zone applies?

Find out what zone and what overlays apply to your property

www.iplan.tas.gov.au provides access to the planning scheme and zoning through the ‘my planning inquiry’ from the home page.  My planning inquiry  allows you to search for your address and provides a summary of zones and information as well as providing a link to the scheme text and to www.thelist.tas.gov.au which contains extensive spatial maps and information.

If you have difficulties using iplan please review the iplan help page here.

When attempting to read the planning scheme text on iplan, you must navigate by the left hand panel and click on the ‘open book’ icon on the main panel.

The Glamorgan Spring Bay Interim Planning Scheme 2015 took effect on 5th August 2015.

Please email planning@freycinet.tas.gov.au with any questions relating to zones, overlays and codes.

What other approvals are required?

Separate applications must be submitted for Building, Plumbing, and Demolition permits. Information on the Building, Plumbing & Demolition procedure can be found on our website at http://www.gsbc.tas.gov.au/page.aspx?u=512 or phone 62564766

How do I obtain further information?

Council planning officers are available between 9.00am and 4.30pm for assistance Phone 62564766 or email planning@freycinet.tas.gov.au.

How to I apply?

Application for Planning Approval is the first application that must be made if proposing any development.

The application form outlines the information that Council may require to be submitted as part of the application. The application may be posted to Glamorgan Spring Bay Council PO Box 6 Triabunna Tas 7190 or emailed to planning@freycinet.tas.gov.au

Council is the Planning Authority for the municipal area.  Approval from the Planning Authority is required to:

• undertake building works
• make alterations to a building
• change the use of a building (such as from a house to a short term holiday accommodation or outbuilding to dwelling)
• undertake land clearing
• excavate land or place fill or construct an access
• erect signage
• make other modifications to a building or land
• subdivide land

Almost all building works will require planning approval first. All use and development exempt from requiring Planning Approval is listed in the Planning Scheme under the following section:-

• 0         Exemptions

If your proposal is not listed you will require planning approval unless the proposal is a No Permit Required Use.

However, you should always contact the Council to find out whether you need planning approval for any use or development you might be considering. Council will also give you advice on the information you will need to provide.

How long does planning approval take?

A discretionary application requires public exhibition and must be assessed within a 42 day timeframe.

A permitted application must be assessed within a 28 day timeframe.

Some applications in residential areas have a No Permit Required status and are generally assessed within 7 days.

Time can be extended if additional information is required as this will ‘stop the clock’ until the information is satisfactorily provided.

Sometimes, a decision is not possible within the stipulated timeframe and an extension of time from the applicant will be required. This extension of time request is generally negotiated with the applicant and both parties must agree in writing.  This is usually the case if  representations are received and the application is referred to a meeting of the elected Council for determination.

Council Meetings

Applications are taken to Council Meetings when a discretionary application receives representations to the proposal, or if an application is recommended for refusal. At the Council Meeting a report and recommendation will be tabled to the Councillors and the Councillors will make the determination on the proposal.

Notification of the Decision:

The applicant and representor/s, if applicable, are notified in writing within seven days of the decision being determined.

Planning Permits do not become valid until 14 days after the decision has been notified to the applicant and representor/s (if applicable). This 14 day period allows for appeals to be lodged within this timeframe. If there were no representations lodged to a proposal then the applicant may choose to waiver the appeal rights. This means that the Planning Permit becomes valid immediately and the Building Permit can be released subject to relevant planning conditions being complied with and the building assessment being completed. Where an application receives representations to the proposal, the right of appeal cannot be waivered because the representor/s also have the right to lodge an appeal within 14 days. If an appeal is lodged against an application then the Planning Permit does not become valid until the appeal is resolved.

Types of Planning Approvals

All use of land and all development is regulated by the planning scheme.

All activities must be classified into a Use category and each zone has a Use Table that specifies if the Use is No Permit Required, Permitted, Discretionary or Prohibited.  In addition, the planning scheme has exemptions.

The five types of planning applications: Exempt, No Permit Required, Permitted, Discretionary and Prohibited are explained below:

Exempt

Section 4 of the Planning Scheme lists specific activities that are exempt from planning.  Council staff can provide limited advice if an exemption applies or not as .  If exempt from planning, you may still require building or plumbing approvals.

No Permit Required:

No Permit Required applications must be for a Use that has a No Permit Required status in the Use Table for the relevant zone and must also comply with all Acceptable Solutions from the relevant Zone and all applicable Codes.

If you require confirmation of a No Permit Required use an application with supporting plans and documents must be lodged with Council to confirm and record your proposal as “No Permit Required”.

Often a house in the General Residential and Low Density Residential Zones can be considered No Permit Required if they comply with all the development standards of the Planning Scheme.

Permitted:

Permitted applications are for a Use that has a Permitted  status in the Use Table for the relevant zone and must also comply with all Acceptable Solutions from the relevant Zone and all applicable Codes.

For a Permitted Use or Development, a planning application must be lodged with Council and Council must issue a Planning Permit with or without conditions.

Discretionary Use or Development:

A Discretionary application is required when:

(a) the application is for a Use that is listed as a Discretionary Use in the Use Table for the zone; or

(b) the application is for a Use that is listed as No Permit Required or Permitted in the Use Table for the zone, but the proposed Development does not meet all relevant Acceptable Solutions either within the Zone or within any applicable Code.  In these cases, the application is discretionary as a discretion must be tested against one or more Performance Criteria.

Discretionary applications may be approved or refused based on the whether the application satisfies all relevant provisions of the planning scheme.  If an application does not satisfy one or more Performance Criteria it must be refused by the Planning Authority.

Discretionary applications are publicly exhibited for 14 days during which time written representations can be lodged to Council.  Council will place a public notice in a newspaper and on the public boundaries of the site and will write to adjoining property owners.

Prohibited applications:

A Prohibited Use or Development means that a particular Use cannot be undertaken in a zone as stipulated in the Use Table for the relevant zone.

How to read and understand the planning scheme

How to interpret Acceptable Solutions and Performance Criteria

Each Zone and Code contains a number of Standards.

Each Standard consists of an Objective, one or more Acceptable Solutions and one or more Performance Criteria.

Acceptable Solutions and Performance Criteria, are two different and alternate ways of meeting the Standard.

An Acceptable Solution is an objective, measurable test whereas a Performance Criteria is a performance based and subject test.  Performance Criteria therefore require discretionary decision making by the Planning Authority.

If you cannot meet all relevant Acceptable Solutions, you will need make a discretionary application and seek approval on the basis that you satisfy the relevant Performance Criteria.

In some cases the planning scheme will state ‘No Acceptable Solution’, in which case the Performance Criteria will also apply, or will state ‘No Performance Criteria’ in which case the Acceptable Solution must be met.

Useful links and adopted strategies and master plans

iplan – to view the planning scheme or search for information on your property

The List – to view aerial imagery and other useful maps

Tasmanian Planning Reform

Planning Reform Taskforce

Tasmanian Planning Commission

Southern Tasmania Regional Land Use Strategy

Resource Management Planning Appeals Tribunal

Planning Guidelines for Fences

The applicant may appeal a request for additional information and any decision made, including against any particular condition contained within a permit.

A representor can appeal against a condition or a decision.

All appeals are lodged with the Tasmanian Civil & Administrative Tribunal (TASCAT). Appeals are required to be submitted to TASCAT within 14 days of the decision with the relevant fee.

Q: If I am wishing to build a dam, what should I do?

A: Most dams require a dam permit, if you have an enquiry around building dams, please contact the Department of Natural Resources and Environment on 1300 368 550 or water.enquiries@nre.tas.gov.au

Q: How do I apply for a change of use to visitor accommodation ?

A: Apply using a development application form found here Application Form. You will be required to submit a floor plan of the dwelling with the measurements of the floor space labelled as well as a recent search of the folio plan and text.

Q: Boundary fence disputes

A: Disputes with neighbours over boundary fences such as who pays for the fence or the type of materials used for a boundary fence are a civil dispute, and not something Council can intervene in please see Legal Aids fact sheet here: Boundary fences – Tasmania Legal Aid

Q: Neighbouring tree disputes

A: If you are having an issue with vegetation from a neighbouring property that is not public land or a potential fire hazard, this is considered a civil dispute and not something Council can intervene in please see Legal Aids fact sheet here: Neighbours’ trees – Tasmania Legal Aid